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About this Publication:

The issue of pre-trial release or bail remains an important topic in the criminal justice process. This is mainly because bail is concerned with one of the most important principles of justice, namely, individual freedom. The denial of release after arrest constitutes, without doubt, serious infraction to personal freedom. Thus, knowledge of the processes related to pre-trial release is important, not only to lawyers, but also to all who are interested in the right to freedom.

A Guide to Bail Applications second edition expands on some of the most important issues, case discussions and case excerpts related to bail applications. New information is also included which offers somewhat fresher perspectives to the material, without necessarily detracting from the general style, poise and content of the previous edition.

Contents Include:

Table of Cases

Table of Statutes

Practical considerations

Introduction

Preparation for the bail hearing

Bail before first appearance in court

Procedure after arrest

Pre-trial release by the police and the prosecution

Police bail (Annexure 1)

Release on warning in lieu of bail

Bail by the prosecutor (Annexure 3)

Summons (Annexure 4)

Written notice to appear (Annexure 2)

The bail application in court

Background

The aspects which give formal bail applications their unique character

Some preliminary aspects of bail

Factors to be considered when granting bail

Background

Evidential considerations

The relevant provisions of s 60

The provisions of s 60(4)

The record of the bail proceedings

Juveniles

Background

The Constitution

The Child Justice Act

Pre-trial release

Court release

The effect of bail

Background

Bail conditions

The venue of the bail hearing

The time and date

Witnesses

Bail should not be fixed at an excessive amount

The role of the prosecutor in bail conditions in terms of s 62(f)

Amendment of the bail conditions

Release or amendment of conditions of bail in terms of s 63A

Cancellation of bail

Background

Failure to fulfil bail conditions: s 66

Failure to appear in terms of s 67

Cancellation of bail in terms of s 68

Cancellation of bail at the instance of the accused

Section 170: failure to attend court by an accused released without bail